Oireachtas Joint and Select Committees
Thursday, 17 June 2021
Joint Oireachtas Committee on Disability Matters
UN Convention on Rights of Persons with Disabilities and Ratification of Optional Protocol: Discussion (Resumed)
Dr. Fergal Lynch:
On data security and the need to safeguard it, we are conscious of that across the board. The Department has a specific data protection policy which provides us with a clear statement on the Department's commitments to protect the rights and privacy of individuals. We have a privacy notice, a data subject rights policy and a clear policy on breach of data. We set significant store in these in terms of protecting people and ensuring that they are handled properly.
When we are dealing with data and how it functions, the CSO, Central Statistics Office, is leading on the quality data strategy. That will hopefully help to create a more consistent and joined-up approach to data. I take the point made by Ms Gibney and Mr. Harris on this area.
I am conscious of the different definitions of disability that are used. The equality Acts have a broad and inclusive definition which is in line with the social model of disability and is compatible with the UN Convention. The definitions in the Disability Act tend to be narrower and refer to a substantial restriction in the person's capacity and so on. This is an area we are conscious of in terms of being clear on the definitions that we should be using. Clearly those definitions have to be compatible with the UN convention.
One item on our workplan this year is actually a review of equality legislation. Within that, we will have an opportunity to review the definitions of disability. Given that there are different definitions, we want to move away from one which relies on medical models and move to one which is clear and close to social-based models.
In our area of access and inclusion models, it includes early years education. It uses the social model in its definition of disability in the spirit of the convention. It does not require formal diagnosis of disability. It is a more inclusive, workable and appropriate definition. The area of definitions of disability is important to us. The review of the equality legislation will be a particular concern in that regard.
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